People v. Woodward CA1/2

BACKGROUND

In March 1990, Woodward was sentenced to 24 years eight months to life in prison after a jury convicted him of second degree murder (§ 187) and

1 All undesignated statutory references are to the Penal Code.

1 other offenses. Woodward’s sentence included two firearm enhancements (§ 12022.5) and a one-year enhancement for a prior prison term (§ 667.5, subd. (b)). In June 2022, Woodward filed a petition to recall and resentence under former section 1171.1 (now § 1172.75).2 Before the hearing on his petition, Woodward filed a motion for a full resentencing, contending his one-year prior prison term enhancement had become invalid under section 1172.75. He requested the trial court strike the prior prison term enhancement, impose the middle term for his aggravated assault conviction, and strike the two firearm enhancements. In February 2023, pursuant to section 1172.75, the trial court struck the prior prison term enhancement and imposed the requested middle term for the aggravated assault conviction but stayed the firearm enhancements. Woodward appealed. We requested supplemental briefing to address whether the trial court had jurisdiction to resentence Woodward under…